JUDGEMENT
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(1.)The petitioner is an elected member of village panchayat Garkheda-Jomal and she became
Sarpanch of the said panchayat in February-2021.
(2.)Respondent No.5 filed a compliant before the learned Collector, Jalna under Sec. 14(1)
(j-3) and 16 of the Maharashtra Village Panchayats
Act, 1959 seeking a disqualification on the ground
that the petitioner has made encroachment over the
government land. It has been noted in the
complaint that the petitioner has constructed a
house at gaothan land admeasuring 15 X 20 feet by
committing encroachment. It is the case of the
petitioner that on 6/9/2022 the petitioner
appeared before the Collector and on that day it
was found that the Block Development Officer /
Respondent no.3 had submitted an inquiry report in
the complaint. The petitioner then received copy
of the inquiry report dtd. 9/7/2021 and in the
said inquiry report spot inspection / panchanama
was not submitted. It is the case of the
petitioner that the alleged spot inspection was
done behind the back of the petitioner and in
absence of the petitioner. However, it is stated
in the said report that on 6/7/2021 around 03:30
pm measurement was done in respect of house of the
petitioner and in the said report it is also
stated that there is encroachment on a public
road.
(3.)The petitioner, thereafter, on 20/9/2022 submitted the application before the Collector and
requested for re-inquiry / spot inspection as the
same was not drawn in her presence and prayed for
fresh spot inspection in presence of revenue
officers having technical knowledge. The
petitioner, thereafter, on 4/10/2022, submitted
another application and prayed for fresh inquiry
report and time to file written statement. On
04. 10.2022, the Collector, Jalna passed interim order on Roznama, thereby, rejecting the request
of the petitioner for inquiry on the ground that
the request is not legal and then directed the
petitioner to submit his written statement. The
petitioner has challenged the interim order passed
by the Collector on the Roznama rejecting her
request for re-inspection by filing the present
writ petition.
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